35 results for tag: Child Pornography
Los Angles Times and ABCNews.com – restitution stories proliferate
In two separate stories today, the Los Angeles Times and ABCNews.com consider the issue of restitution for victims of child pornography and contribute new information to the debate (which still to me doesn't seem like much of a debate):
From the LATimes:
The issue of criminal restitution in child pornography possession cases emerged last February in Connecticut when a federal judge said he would order a man convicted of possessing and distributing child pornography to pay about $200,000 to Amy. The judge said it was the first criminal case in which someone convicted of possessing illegal images — but not creating them — would be required ...
New York Times: Pornography and an Issue of Restitution
From Wednesday's New York Times:
When Amy was a little girl, her uncle made her famous in the worst way: as a star in the netherworld of child pornography. Photographs and videos known as “the Misty series” depicting her abuse have circulated on the Internet for more than 10 years, and often turn up in the collections of those arrested for possession of illegal images.
Now, with the help of an inventive lawyer, the young woman known as Amy — her real name has been withheld in court to prevent harassment — is fighting back.
Read the complete story here.
Restitution for Child Pornography Victims – what the government must do
Thanks to Professor Paul Cassell for this post on The Volokh Conspiracy involving one of my cases:
Yesterday U.S. District Judge Patrick Schiltz of the District of Minnesota issued an interesting order regarding a restitution application in a child pornography case. In his order, found here, Judge Schiltz chastises the government for failing to pursue restitution for child pornography cases in his district, even though Congress has made restitution mandatory in such cases. Judge Schiltz wrote:
This Court has recently handled a number of other child-pornography cases in which the United States Probation Office has identified victims who are ...
Restitution for Child Pornography Victim Denied
On Monday, a federal district judge in the Eastern District of Texas issued a memorandum opinion and order denying restitution to a now 20-year-old woman known as "Amy" in the case of a defendant who downloaded and possessed her images.
The Court’s decision is a serious set-back for victims of child pornography like Amy in their effort to obtain just and timely restitution for the ongoing crimes perpetrated against them. How can we, as a country, justify awarding tens of thousands of dollars in damages to record companies for downloading a single song, while criminals who exploit children pay nothing?
For over 30 years, Congress and the Supreme ...
Pedo Law Gaining (visual) Respect
Nothing will stop the defense bar from its relentless pursuit of clients, including bad taste. Thanks to the watchful eye of the UsefulArts.us blog, the Texas defense firm of Lindeman, Alvarado, & Frye has been exposed for creating an unfortunately much-needed child pornography defense practice. This in and of itself is not so objectionable, but the now-removed "just or about to be abused-child" images used on the firm's website to promote this specialty are.
Family Violence, Rape and Sexual Assault, it's all there in visually provocative images. Check it out at the UsefulArts.us blog.
Parent Sponsored Online Pornography for the Little Ones
A 1970s-era Texas law that allows parents to show "harmful material" to their children has come under fire after a prosecutor said he couldn't file charges against a man accused of forcing his eight- and nine-year-old daughters to watch hardcore online pornography.
The law apparently was meant to protect the privacy of parents who wanted to teach children about sex education, but it states clearly that parents can't be prosecuted for showing "harmful material" to their children.
Randall County District Attorney James Farren has asked for an opinion from Texas Attorney General Greg Abbott about a law Farren says makes no sense and needs to be change...
A Bold Gambit to Reduce Demand for Child Porn
From today's Christian Science Monitor:
Federal prosecutors and New York lawyer James Marsh are persuading courts to order anyone caught with illicit images to pay financial restitution to child victims.
Federal prosecutors are embracing an aggressive approach to fight the spread of child pornography on the Internet, urging judges across the country to order full restitution to identified child victims in cases where the defendant possessed the images but played no role in their creation.
Generally, restitution is awarded in cases where a defendant's direct actions caused the injuries suffered by the victim. In a child pornography case, the person ...